Court File and Parties
COURT OF APPEAL FOR ONTARIO
Juriansz, Rouleau and Watt JJ.A.
BETWEEN:
Erin Rogerson
Plaintiff
and
Gary Norman Burridge, Clarence A. Bartley
Defendants (Respondents)
and
State Farm Mutual Automobile Insurance Company
Defendant (Appellant)
Gregory Brimblecombe for the appellant
Deborah G. Neilson and J. Daniel Dooley for the respondents
Heard: October 3, 2008
On appeal from the judgment of Justice Hugh M. O’Connell of the Superior Court of Justice dated February 12, 2008.
APPEAL BOOK ENDORSEMENT
1The motion judge considered the affidavits filed and noted the deponent of the affidavit filed by the appellant did not depose she believed in the truth of its contents. The affidavits filed by the respondents stated unambiguously that an unidentified driver was the sole cause of the accident. The appellant did not cross-examine the respondents and made no effort to examine the plaintiff. We see no error in the motion judge’s conclusion that there was no air of reality to the appellant’s position that negligence by someone other than the unidentified driver was a genuine issue for trial.
2The appeal is dismissed.
3We would fix costs in favour of the respondents in the amount of $5,000 each for the proceedings below and $7,500 for the appeal inclusive of disbursements and GST.
